EAD Portability after 180 days but not with petitioning employer

E

ead_port

Registered Users (C)
Please help !!
I joined company A b'coz they promised me GC with labor substitution from their sister company B. After I-140 approval and completing 200 days after 485 filing thru B, while working with company A, I asked my attorney if I could join another company C for which she said yes and so I joined company C using EAD. 1 month later she tells me that the 180 days rule applies only if I have worked with the petioning employer (company B). She asked me not to panic as we could ask for future employment letter from B incase an RFE arises. Now, 8 months later, I find from online case status that my case has been transfered from VSC to San Francisco local office for interview/adjudication and I am in panic. What are my options ? Do I join company B, my sponsoring employer. Do I file AC-21 with company C, my current employer ? What is the worst case scenario ? I still hold a valid H1 from company A but expires Nov 9th.
 
ead_port said:
Please help !!
I joined company A b'coz they promised me GC with labor substitution from their sister company B. After I-140 approval and completing 200 days after 485 filing thru B, while working with company A, I asked my attorney if I could join another company C for which she said yes and so I joined company C using EAD. 1 month later she tells me that the 180 days rule applies only if I have worked with the petioning employer (company B). She asked me not to panic as we could ask for future employment letter from B incase an RFE arises. Now, 8 months later, I find from online case status that my case has been transfered from VSC to San Francisco local office for interview/adjudication and I am in panic.
------ nothing to get panic, many cases get transfred to local office
What are my options ?
----- when you go for Interview take company C letter of future permanent job offer in same/similar job duties as on approved LC and invoke AC21 ( take also 3-4 pay stubs from C)
Do I join company B, my sponsoring employer. Do I file AC-21 with company C, my current employer ? What is the worst case scenario ? I still hold a valid H1 from company A but expires Nov 9th.
------- you used EAD I dont think you have valid H1 status
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Thank you so much Ginnu ! I need one more advice, company B my sponsoring employer used a labor for software engineer for Virginia with pay $69,500 and my current employer C is in California employing me as Software engineer for $95,000. Will this difference in pay and location come in the way of AC21.

Also, my current employer C is a desi and I have very good relationship with him, he can give me papers in any format, so is there any particular format I should ask for

Thanks again!
 
Thank you so much Hathwar! I need one more advice, company B my sponsoring employer used a labor for software engineer for Virginia with pay $69,500 and my current employer C is in California employing me as Software engineer for $95,000. Will this difference in pay and location come in the way of AC21.

Also, my current employer C is a desi and I have very good relationship with him, he can give me papers in any format, so is there any particular format I should ask for
 
ead_port said:
Thank you so much Ginnu !

I need one more advice,
company B my sponsoring employer used a labor for software engineer for Virginia with pay $69,500 and my current employer C is in California employing me as Software engineer for $95,000. Will this difference in pay and location come in the way of AC21.
------ NO as USCIS august 2003 Memo does not say anything about location or salary
Take the print out and Read the AC21 august Memo:
http://www.bcis.com/images/yates.memo.8.4.03.pdf
http://uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
http://www.usavisanow.com/8-13-03-140-485.pdf
http://www.ilw.com/lawyers/immigdaily/doj_news/2003,0818-I140.pdf
http://www.murthy.com/news/UDportme.html

Also, my current employer C is a desi and I have very good relationship with him, he can give me papers in any format, so is there any particular format I should ask for
----- you can search the sample AC21 letters posted in this thread or use new company lawyer to draft it you can also take the lawyer with you for interview for your peace of mind.


Thanks again!
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Thanks Ginnu, you are a lifesaver
Both the yates memo and the murthy bulletin make it clear that
  • you need not be employed with the petitioning employer to invoke AC21
  • need to have valid job offer and job has to be similar, name/place etc don't matter.

I am firing my present attorney :mad:
 
just one clarification, person can be in EAD and H1-B at the same time... means switch between status without losing either one..
 
happytoday said:
just one clarification, person can be in EAD and H1-B at the same time... means switch between status without losing either one..
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Absolutely not. If you use the EAD to do something you couldn't do with the H-1B alone, bye-bye H-1B status.
 
TheRealCanadian said:
Absolutely not. If you use the EAD to do something you couldn't do with the H-1B alone, bye-bye H-1B status.
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Here, some infor from Cronin Memo

2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?


Yes. The fact that an H or L nonimmigrant is grantedan EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.
 
Yes, the operative word is USE, i believe. Once you have USED your EAD for some purpose, then you are no longer on H1B. Simply possessing an EAD doesnt change your status unless you use it.
 
Interview with INS officer

Dear Ginnu and other Gurus,
As I explained in my earlier posting, I changed employers 180 days after 485, but not with the petioning employer. I have a few more quick questions which I will be grateful if you can answer.
  • In my interview, can the INS officer deny my petition saying I never intended to work for the petioning employer.
  • Will a letter of future employment from my petioning employer help.
  • Will it suufice if I take letter of current employment with paystubs from my current employer
  • What is the worst that can happen, can the INS officer ask me to go back to my petioning employer or start the whole GC process with my current employer from scratch
  • Is it mandatory to work for petetioning employer after GC is approved, if not done will it affect citizenship
 
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